Bürgerbegehren und Bürgerentscheid im Landkreis; Durchführung

The "citizens' petition and referendum" instruments introduced in Bavaria in 1995 enable citizens to make their own direct decisions on many district issues.

A referendum has the effect of a district council resolution.

Referendums are only permitted on matters within the district's own sphere of influence. Excluded from this are matters that are the responsibility of the district administrator by law, issues relating to the internal organization of the district administration, the legal relationships of the district councillors, the district administrator and the district employees and the budget statutes.

The citizens' petition must be submitted to the district and contain a question to be decided with a "yes" or "no" vote as well as a statement of reasons. It must also name up to three people who are authorized to represent the signatories. In districts with a population of up to 100,000, the petition must be signed by at least 6% of the district's citizens, otherwise by at least 5%.

If there are no legal objections to the petition, the district council must determine its admissibility; a referendum must be held. In a referendum, the question posed is decided in the sense in which it has been answered by the majority of valid votes cast. For referendums at district level, the majority in districts with up to 100,000 inhabitants must be at least 15 % and in districts with more than 100,000 inhabitants at least 10 % of those entitled to vote (i.e. the district residents entitled to vote).

You can find out more from your district administration office.

Once the citizens' petition has been submitted, the district council must decide on the admissibility of the citizens' petition without delay, but at the latest within one month.

Once admissibility has been determined, the referendum must be held on a Sunday within three months; the deadline may be extended by a maximum of three months in agreement with the authorized representatives.